1. The present First Appeal has been filed by the appellant being aggrieved and dissatisfied with the impugned judgment and order rendered in Regular Civil Suit No.2521/1982 dated 31.03.1988 on the grounds stated in the memo of appeal. It is contended inter alia that the judgment and decree of the Court below are contrary to law and evidence on record. It is contended that the Court below has failed to appreciate and interpret Clause 11 of the agreement for allotment of the flats. It is contended that the Court below has erroneously interpreted and applied the facts and the provisions of the Gujarat Ownership Flats Act, 1973 and thereby committed an error. It is contended that the Court below has failed to appreciate that as per Clause 11 of the agreement to the acknowledgment of the allottees and other members, there is clear and specific condition reserving rights of the terrace in favour of the appellant-association. It is contended that the Court below has erred in appreciating the provisions of Sections 18 to 41 of the Gujarat Ownership Flats Act, 1973 and also booklet at Exh.42. It is contended that the Court below has failed to appreciate that the public policy under